Wednesday, May 25, 2016

Risk News (the Less Risky Way)


This updated is basically a giant arrow to the May issue of the excellent Lawyer’s Lawyer Newsletter via Hinshaw, available in full here.

This one is definitely full of the red meat issues we typically sniff all over the web for, neatly consolidated and analyzed, including:
  • "Conflicts of Interest — Subject Matter Conflicts Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? Risk Management Issue: What constitutes an adequate conflicts check where two clients may be pursuing intellectual property in similar inventions (sometimes referred to as a "subject matter conflict")? Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 473 Mass. 336, 42 N.E.3d 199 (2015)"
  • "Disqualification — Overly Broad Scope of Engagement Creates Concurrent Representation Conflicts. Risk Management Issue: What can counsel for a closely held corporation do to avoid disqualification in the event of shareholder disputes? M'Guinness v. Johnson et al., 243 Cal. App. 4th 602 (2015)"
  • "Existence of Attorney-Client Relationship — Negotiations Affecting Client and Indemnifying Party. Risk Management Issue: What must law firms do to avoid establishing attorney-client relationships when communicating during the course of an engagement with persons or entities that may be allied in interest to their actual clients? George Makhoul, etc. v. Watt, Tieder, Hoffar & Fitzgerald, LLP, et al., 11-CV-5108 (PKC) (E.D.N.Y. 2015)"
  • "Disqualification — Obtaining Privileged Materials Outside of Discovery — Consultation With Former Employee of Opposing Party. Risk Management Issue: What can law firms do to manage the risk of disqualification when they seek to consult with or engage a former employee of an opposing party? In re RSR Corp., No. 13-0499, 2015 WL 7792871, at *3 (Tex. Dec. 4, 2015)"

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